ICC Permit Technician Practice Exam

One element necessary for a successful malicious prosecution lawsuit against a building official is which of the following?

1. Absence of probable cause

2. Malfeasance

3. Negligence

4. Abuse of process

The correct answer is: Absence of probable cause

In a malicious prosecution lawsuit against a building official, the presence of an absence of probable cause is critical as it signifies that the official did not have a legitimate reason to initiate legal action. Probable cause refers to a reasonable belief that a person has committed a crime or that a particular legal action is warranted based on available facts and circumstances. If a building official initiates proceedings without such probable cause, it indicates that the action may have been taken maliciously or improperly. This absence of probable cause undermines the legitimacy of the actions taken by the building official and forms a foundation for the claim of malicious prosecution. It is essential for the plaintiff to demonstrate that not only was the prosecution pursued, but also that there was no reasonable basis for the official’s belief that their actions were justified. While malfeasance, negligence, and abuse of process may relate to a broader context of official misconduct or legal missteps, they do not specifically address the core requirement of showing that there was no probable cause for the prosecution, which is a prerequisite for establishing a malicious prosecution claim.